LAND ACQUISITION OFFICER Vs. MUKUNDA DOMB

JUDGEMENT

(1.) THIS appeal has been directed against the order of the learned Civil Judge (Senior Division), Bhawanipatna passed in MJC No. 5 of 2001 answering a reference under Section 18 of the Land Acquisition Act (in short, 'the Act').

(2.) AC . 1.57 dec. of land appertaining to Holding No. 87, Plot Nos. 6, 7, 43, 44, 47, 49 and 53 of village Budhipadar in the district of Kalahandi belonging to the claimants -respondents was acquired for the construction of Turla Minor Irrigation Project vide Government notification No. 18059 dated 23.3.1999, and declaration No. 59667 dated 7.12.1999. The Land Acquisition Collector after conducting enquiry under Section 11 of the Act awarded compensation of Rs. 44,433/ - including solatium to the claimants. Being dissatisfied with the said amount of compensation, the claimant -respondents requested for reference of the matter to the Civil Court under Section 18 of the Act and in consequence, the matter came up before the learned Civil Judge (Senior Division), Bhawanipatna in the above noted M.J.C.

(3.) MR . Sangram Das, learned Counsel appearing for the appellant submits that the impugned award is unsustainable because the learned referral Court has not made any discussion about the annual yield of the acquired land and has mechanically adopted the rate of compensation awarded in MJC No. 1 of 2001.